BADRI DASS Vs. MAHABIR PERSHAD

JUDGEMENT

(1.) This second appeal under section 100 of the Code of Civil Procedure has been filed by defendant appellants against the appellate judgment and decree of Mr. K. S. Sidhu, Additional District Judge, dated 20th July, 1970 by which he has dismissed the appeal with costs and affirmed the decree of the Sub-Judge, I Class, dated 15th December, 1969, finally maintaining the decree for ejectment of the appellants from the land in dispute, besides payment of Rs. 3,680 and costs.

(2.) The material facts of the case lie in a narrow compass. On 11th June, 1964 by Ex. P5 the appellants before me took a piece of land measuring about 1100 sq. yds. situated; in village Chandrawali, Shahdara, from the plaintiff respondent on a rent of Rs. 135 per month. The duration of the lease was 11 months, expiring on 10th May, 1965. There is no dispute between the parties relating to the payment of rent for the period till the expiry of the lease. The appellants, however, did not pay rent for the subsequent period, nor did they deliver vacant possession of the land to the respondent. The respondent, after serving notices dated 21st August, 1965 (Ex. PI & P6), instituted the present suit on 18th October, 1967 for recovery of possession of the land in dispute from the appellants and recovery of the amount mentioned above on account of rent/damages for use and occupation.

(3.) The defence of the appellants was that they were not liable to dispossession nor were they liable to pay any arrears of rent and they relied upon clauses 7 and 8 of the agreement Ex. P5 to contend that they were in possession of the land under the agreement of sale included in the said agreement and that the respondent landlord was not entitled to obtain possession, but his remedy was to institute a suit for specific performance of the contract and recovery of the price of the land as mutually agreed in the aforesaid agreement. A replication to the written statement was filed and on the pleadings of the parties, the following issues were framed :